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Res 1992-148
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Res 1992-148
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7/12/2007 2:45:29 PM
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7/12/2007 2:45:29 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1992-148
Date
12/14/1992
Volume Book
109
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<br /> 23L <br /> -13- <br /> ARTICLE XIV. EMINENT DOMAIN <br /> 14.01 . If more than twenty (20) percent of the floor area of <br /> the Demised Premises should be taken for any public or quasi-public <br /> use under any governmental lÇiw, ordinance, or regulation or by <br /> right of eminent domain or by private purchase in lieu thereof, <br /> this lease shall terminate and the rent shall be abated'during the <br /> unexpired portion of this lease, effective on the date physical <br /> possession is taken by the condemning authority. <br /> J.4.02 If less than twenty (20) percent of the floor area of <br /> the Demised Premises should be taken as aforesaid, this lease shall <br /> no.t terminate; however, the minimum guaranteed rental payable <br /> hereunder during the unexpired portion of this lease shall be <br /> ~ <br /> reduced in proportion to the area taken, effective on the date <br /> physical possession is taken by the condemning authority. <br /> Following such partial taking, Landlord shall make all necessary <br /> repairs or alterations necessary to make the Demised Premises an <br /> architectural whole. <br /> 14.03 IF any part of the Common Area should be taken as <br /> aforesaid, this lease shall not terminate, nor shall the rent <br /> payable hereunder be reduced, except that either Landlord or Tenant <br /> may terminate this lease if the area of the Common Area remaining <br /> following such taking plus any additional parking area provided by <br /> Landlord in reasonable proximity to the Shopping Center shall be <br /> less than fifty (50) percent of the area of the Common Area <br /> immediately prior to the taking. Any election to terminate this <br /> lease in accordance with this provision shall be evidenced by <br />
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